Child Custody Act 1987

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AT 11 of 1987

CHILD CUSTODY ACT 1987

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CHILD CUSTODY ACT 1987

Index Section Page

PART I – JURISDICTION, RECOGNITION AND ENFORCEMENT 7

Jurisdiction of Manx courts 7

1 Jurisdiction in matrimonial proceedings ..................................................................... 7
2 Jurisdiction otherwise than in matrimonial proceedings ......................................... 8
3 Orders under High Court’s inherent jurisdiction ...................................................... 9
4 Power of court to refuse application or stay proceedings ........................................ 9
5 Duration and variation of custody orders ................................................................... 9
Enforcement of custody orders made in United Kingdom 11

6 Recognition of custody orders made in UK .............................................................. 11
7 Registration of custody order in High Court ............................................................ 11
8 Cancellation and variation of registration................................................................. 11
9 Enforcement ................................................................................................................... 12
10 Staying of enforcement proceedings .......................................................................... 12
11 Dismissal of enforcement proceedings ...................................................................... 13
Registration of Manx custody orders in United Kingdom 13

12 Registration of Manx custody order in UK ............................................................... 13
Miscellaneous and supplemental 14

13 Power to order disclosure of child’s whereabouts ................................................... 14
14 Power to order recovery of child ................................................................................ 14
15 Effect of orders restricting removal ............................................................................ 15
16 Surrender of passports ................................................................................................. 15
17 Automatic restriction on removal of wards of court ............................................... 15
18 Duty to furnish particulars of other proceedings..................................................... 16
19 Habitual residence after removal without consent, etc ........................................... 16
20 Meaning of “custody order” ....................................................................................... 17
21 Interpretation of Part I ................................................................................................. 18
22 Application of Part I to Channel Islands etc ............................................................. 19
PART II – INTERNATIONAL CHILD ABDUCTION 19

23 The Hague Convention ................................................................................................ 19
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24 Contracting States ........................................................................................................ 20
25 The Central Authority ................................................................................................. 20
26 The judicial authority ................................................................................................... 20
27 Interim directions ......................................................................................................... 20
28 Reports ........................................................................................................................... 21
29 Proof of documents and evidence .............................................................................. 21
30 Declarations by High Court ........................................................................................ 21
31 Suspension of court’s powers in cases of wrongful removal ................................. 21
32 Rules of court ................................................................................................................ 22
33 Costs of applications .................................................................................................... 22
PART III – RECOGNITION AND ENFORCEMENT OF CUSTODY

DECISIONS 22

34 The Custody Convention ............................................................................................ 22
35 Contracting States ........................................................................................................ 23
36 The Central Authority ................................................................................................. 23
37 Recognition of decisions .............................................................................................. 23
38 Registration of decisions ............................................................................................. 24
39 Variation and revocation of registered decisions .................................................... 25
40 Enforcement of decisions ............................................................................................ 25
41 Interim powers.............................................................................................................. 25
42 Suspension of courts’ powers ..................................................................................... 26
43 Reports ........................................................................................................................... 26
44 Proof of documents and evidence .............................................................................. 27
45 Decisions of Manx courts ............................................................................................ 27
46 Rules of court ................................................................................................................ 27
PART IV – PROVISIONS SUPPLEMENTARY TO PARTS II AND III 28

47 Power to order disclosure of child’s whereabouts .................................................. 28
48 Termination of existing custody orders, etc ............................................................. 28
49 Interpretation of Parts II, III and IV ........................................................................... 29
PART V – MISCELLANEOUS AND SUPPLEMENTAL 30

Kidnapping 30

50 Abduction of child by parent etc ................................................................................ 30
51 Abduction of child by other persons ......................................................................... 31
52 Meaning of “taking” etc .............................................................................................. 31
53 Penalties etc ................................................................................................................... 32
Supplemental 32

54 Minor and consequential amendments ..................................................................... 32
55 Short title and commencement ................................................................................... 32
SCHEDULE 1 33

MEANING OF CERTAIN EXPRESSIONS IN PART I 33
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SCHEDULE 2 35

CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD
ABDUCTION 35
SCHEDULE 3 42

EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF
DECISIONS CONCERNING CUSTODY OF CHILDREN 42
SCHEDULE 4 47

MODIFICATIONS OF SECTION 50 FOR CHILDREN IN CARE ETC. 47
SCHEDULE 5 47

MINOR AND CONSEQUENTIAL AMENDMENTS 47
Acts of Parliament 47

SCHEDULE 6 48

ENDNOTES 49

TABLE OF LEGISLATION HISTORY 49
TABLE OF RENUMBERED PROVISIONS 49
TABLE OF ENDNOTE REFERENCES 49

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CHILD CUSTODY ACT 1987

Received Royal Assent: 4 December 1987
Passed: 15 December 1987
Commenced: 14 October 1991
AN ACT
to amend the law relating to the jurisdiction of courts in the Island to
make orders with regard to the custody of children; to make provision for the
recognition and enforcement of custody orders as between the Island and the
United Kingdom; to enable two Conventions relating respectively to the civil
aspects of international child abduction and the recognition and enforcement of
custody decisions to be extended to the Island; to amend the criminal law
relating to the abduction of children; and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as amended by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
PART I – JURISDICTION, RECOGNITION AND

ENFORCEMENT

Jurisdiction of Manx courts
1 Jurisdiction in matrimonial proceedings

(1) In proceedings for divorce, nullity of marriage or judicial separation, a
court in the Island shall not have jurisdiction to make an order under
section 11 of the Children and Young Persons Act 2001 with respect to a
child unless the proceedings are in respect of the marriage of the parents
of the child concerned and —
(a) they are for divorce or nullity of marriage and are continuing; or
(b) they are for judicial separation and are continuing, and the
jurisdiction is not excluded by subsection (2); or
(c) they have been dismissed after the beginning of the trial but —
(i) the order under the said section 9 is being made
forthwith, or1

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(ii) the application for the order was made on or before the
dismissal.
(2) For the purposes of subsection (1)(b), the jurisdiction of the court is
excluded if, after the decree of judicial separation, on the relevant date
proceedings for divorce or nullity of marriage are continuing in any part
of the United Kingdom, except where the court in which those other
proceedings are continuing has made —
(a) an order under a provision corresponding to subsection (3), or
(b) an order under a provision corresponding to section 4(2) which is
recorded as made for the purpose of enabling proceedings to be
taken in the Island with respect to the child concerned.
(3) Where a court —
(a) has jurisdiction to make an order under the said section 9 in or in
connection with proceedings for divorce, nullity of marriage or
judicial separation, but2

(b) considers that it would more appropriate for matters relating to
the custody of the child to be determined outside the Island,
the court may by order direct that, while the order under this subsection
is in force, no order under the said section 11 shall be made by any court
in or in connection with those proceedings.3

2 Jurisdiction otherwise than in matrimonial proceedings

(1) A court in the Island shall not have jurisdiction to make an order under
section 11 of the Children and Young Persons Act 2001 in a non-
matrimonial case (that is, where the conditions in section 1(1) are not
satisfied) unless on the relevant date the child concerned —
(a) is habitually resident in the Island, or
(b) is present in the Island and is not habitually resident in the Island
or any part of the United Kingdom,
and, in either case, the jurisdiction of the court is not excluded by
subsection (2).
(2) For the purposes of subsection (1), the jurisdiction of the court is
excluded if, on the relevant date, proceedings for divorce, nullity of
marriage or judicial separation are continuing in a court in any part of
the United Kingdom in respect of the marriage of the parents of the child
concerned.
(3) Subsection (2) does not apply if the court in which the other proceedings
are continuing has made —
(a) an order under a provision corresponding to section 1(3), or
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(b) an order under a provision corresponding to section 4(2) which is
recorded as made for the purpose of enabling proceedings with
respect to the child concerned to be taken in the Island,
and that order is in force.4

3 Orders under High Court’s inherent jurisdiction

The High Court shall not have jurisdiction to make a custody order within
section 20(1)(b) unless —
(a) the condition in section 2(1) is satisfied, or
(b) the child concerned is present in the Island at the relevant date
and the Court considers that the immediate exercise of its powers
is necessary for his protection.5

4 Power of court to refuse application or stay proceedings

[P1986/55/5]
(1) A court in the Island which has jurisdiction to make a custody order may
refuse an application for the order in any case where the matter in
question has already been determined in proceedings outside the Island.
(2) Where, at any stage of the proceedings on an application made to a court
in the Island for a custody order, or for the variation of a custody order,
it appears to the court —
(a) that proceedings with respect to the matters to which the
application relates are continuing outside the Island, or
(b) that it would be more appropriate for those matters to be
determined in proceedings to be taken outside the Island,
the court may stay the proceedings on the application.
(3) The court may remove a stay granted in accordance with subsection (2) if
it appears to the court that there has been unreasonable delay in the
taking or prosecution of the other proceedings referred to in that
subsection, or that those proceedings are stayed or concluded.
(4) Nothing in this section shall affect any power exercisable apart from this
section to refuse an application or to grant or remove a stay.
5 Duration and variation of custody orders

[P1986/55/6]
(1) If a custody order made by a court in any part of the United Kingdom (or
a variation of such an order) comes into force with respect to a child at a
time when a custody order made by a court in the Island has effect with
respect to him, the latter order shall cease to have effect so far as it makes
provision for any matter for which the same or different provision is
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made by (or by the variation of) the order made by the court in that part
of the United Kingdom.
(2) Where by virtue of subsection (1) a custody order has ceased to have
effect so far as it makes provision for any matter, a court in the Island
shall not have jurisdiction to vary that order so as to make provision for
that matter.
(3) A court in the Island shall not have jurisdiction to vary a custody order
if, on the relevant date, proceedings for divorce, nullity or judicial
separation are continuing in any part of the United Kingdom in respect
of the marriage of the parents of the child concerned.6

(3A) Subsection (3) shall not apply if —
(a) the custody order was made in or in connection with proceedings
for divorce or nullity of marriage in the Island in respect of the
marriage of the parents of the child concerned; and
(b) those proceedings are continuing.7

(3B) Subsection (3) does not apply if —
(a) the custody order was made in or in connection with proceedings
for judicial separation in the Island in respect of the marriage of
the parents of the child concerned;
(b) those proceedings are continuing; and
(c) the decree of judicial separation has not yet been granted.8

(4) Subsection (3) shall not apply if the court in which the proceedings are
continuing has made —
(a) an order under a provision corresponding to section 1(3), or9

(b) an order under a provision corresponding to section 4(2) which is
recorded as made for the purpose of enabling proceedings with
respect to the custody of the child concerned to be taken in the
Island,
and that order is in force.
(5) Subsection (3) shall not apply in the case of a variation of a custody order
within section 20(1)(b) if the ward is present in the Island on the relevant
date and the High Court considers that the immediate exercise of its
powers is necessary for his protection.
(6) Where any person who is entitled to the actual possession of a child
under a custody order made by a court in the Island ceases to be so
entitled by virtue of subsection (1) then, if there is in force a supervision
order under Part 4 of the Children and Young Persons Act 2001 that order
shall cease to have effect.10

(7) [Repealed]11

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Enforcement of custody orders made in United Kingdom
6 Recognition of custody orders made in UK

[P1986/55/25]
(1) Where a custody order made by a court in any part of the United
Kingdom is in force with respect to a child who has not attained the age
of 16, then, subject to subsection (2), the order shall be recognised and
have the same effect in the Island as if it had been made by the High
Court and as if that Court had had jurisdiction to make it.
(2) Where a custody order includes provision as to the means by which
rights conferred by the order are to be enforced, subsection (1) shall not
apply to that provision.
(3) A court in the Island shall not enforce an order which is recognised in
accordance with subsection (1) unless it has been registered in the High
Court under section 7 and proceedings for enforcement are taken in
accordance with section 9.
7 Registration of custody order in High Court

[P1986/55/27(4) and (5)]
(1) Where the Chief Registrar receives a certified copy of a custody order
made by a court in any part of the United Kingdom and sent to him
under a provision corresponding to section 12 and having effect in that
part, he shall forthwith cause the order, together with particulars of any
variation, to be registered in the High Court in the prescribed manner.
(2) An order shall not be registered under this section in respect of a child
who has attained the age of 16, and the registration of an order in respect
of a child who has not attained the age of 16 shall cease to have effect on
the attainment by the child of that age.
8 Cancellation and variation of registration

[P1986/55/28]
(1) Where the Chief Registrar receives notice from a court in any part of the
United Kingdom of the revocation or variation of a custody order
registered in the High Court under section 7, he shall —
(a) in the case of the revocation of the order, cancel the registration,
and
(b) in the case of the variation of the order, cause particulars of the
variation to be registered in the prescribed manner.
(2) Where an order registered under section 7 ceases (in whole or in part) to
have effect in the part of the United Kingdom in which it was made,
otherwise than because of its revocation or variation, the High Court
may, of its own motion or on the application of any person who appears
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to the Court to have an interest in the matter, cancel the registration or, if
the order has ceased to have effect in part, cancel the registration so far as
it relates to the provisions which have ceased to have effect.
9 Enforcement

[P1986/55/29]
(1) Where a custody order has been registered under section 7, the High
Court shall have the same powers for the purpose of enforcing the order
as it would have if it had itself made the order and had jurisdiction to
make it; and proceedings for or with respect to enforcement may be
taken accordingly.
(2) Where an application has been made to the High Court for the
enforcement of an order registered under section 7, the Court may, at
any time before the application is determined, give such interim
directions as it thinks fit for the purpose of securing the welfare of the
child concerned or of preventing changes in the circumstances relevant
to the determination of the application.
(3) The reference in subsection (1) to a custody order does not include a
reference to any provision of the order as to the means by which rights
conferred by the order are to be enforced.
10 Staying of enforcement proceedings

[P1986/55/30]
(1) Where in accordance with section 9 proceedings are taken in the High
Court for the enforcement of an order registered in the Court, any person
who appears to the Court to have an interest in the matter may apply for
the proceedings to be stayed on the ground that he has taken or intends
to take other proceedings (in the Island or the United Kingdom or
elsewhere) as a result of which the order may cease to have effect, or may
have a different effect, in the Island.
(2) If after considering an application under subsection (1) the High Court
considers that the proceedings for enforcement should be stayed in order
that other proceedings may be taken or concluded, it shall stay the
proceedings for enforcement accordingly.
(3) The High Court may remove a stay granted in accordance with
subsection (2) if it appears to the Court —
(a) that there has been unreasonable delay in the taking or
prosecution of the other proceedings referred to in that
subsection, or
(b) that those other proceedings are concluded and that the registered
order, or a relevant part of it, is still in force.
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(4) Nothing in this section affects any power exercisable apart from this
section to grant or remove a stay.
11 Dismissal of enforcement proceedings

[P1986/55/31]
(1) Where in accordance with section 9 proceedings are taken in the High
Court for the enforcement of an order registered in the Court under
section 7, any person who appears to the Court to have an interest in the
matter may apply for those proceedings to be dismissed on the ground
that the order has (in whole or in part) ceased to have effect in the part of
the United Kingdom in which it was made.
(2) If, after considering an application under subsection (1), the High Court
is satisfied that the registered order has ceased to have effect, it shall
dismiss the proceedings for enforcement or, if it is satisfied that the order
has ceased to have effect in part, it shall dismiss the proceedings so far as
they relate to the enforcement of provisions which have ceased to have
effect.
Registration of Manx custody orders in United Kingdom
12 Registration of Manx custody order in UK

[P1986/55/27(1)- (3) and 28(1)]
(1) Any person on whom any rights are conferred by a custody order made
by a court in the Island may apply to that court for the order to be
registered in any part of the United Kingdom under any provision
corresponding to section 7 and having effect in that part.
(2) An application under subsection (1) shall be made in the prescribed
manner, contain the prescribed information and be accompanied by such
documents as may be prescribed.
(3) On receiving an application under this section the court which made the
custody order shall, unless it appears to the court that the order is no
longer in force, cause the following documents to be sent to the
appropriate court in the part of the United Kingdom specified in the
application, namely —
(a) a certified copy of the order, and
(b) where the order has been varied, prescribed particulars of any
variation which is in force, and
(c) a copy of the application and of any accompanying documents.
(4) Where a court in the Island revokes or varies an order which is registered
in any part of the United Kingdom under a provision corresponding to
section 7, the court shall cause notice of the revocation or variation to be
given in the prescribed manner to the court in which it is registered.
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Miscellaneous and supplemental
13 Power to order disclosure of child’s whereabouts

[P1986/55/33]
(1) Where in proceedings for or relating to a custody order in respect of a
child there is not available to the court adequate information as to where
the child is, the court may order any person who it has reason to believe
may have relevant information to disclose it to the court.
(2) A person shall not be excused from complying with an order under
subsection (1) above by reason that to do so may incriminate him or his
spouse or civil partner of an offence; but a statement or admission made
in compliance with such an order shall not be admissible in evidence
against either of them in proceedings for any offence other than
perjury.12

14 Power to order recovery of child

[P1986/55/34]
(1) Where —
(a) a person is required by a custody order, or an order for the
enforcement of a custody order, to give up a child to another
person, and
(b) the court which made the order imposing the requirement is
satisfied that the child has not been given up in accordance with
the order,
the court may make an order authorising a constable to take charge of
the child and deliver him to the person concerned.
(2) The authority conferred by subsection (1) above includes authority —
(a) to enter and search any premises where the person acting in
pursuance of the order has reason to believe the child may be
found, and
(b) to use such force as may be necessary to give effect to the purpose
of the order.
(3) Where by virtue of section 26 of the Family Law Act 1991 a custody order
(or a provision of a custody order) may be enforced as if it were an order
requiring a person to give up a child to another person, subsection (1)
above shall apply as if the custody order had included such a
requirement.13

(4) This section is without prejudice to any power conferred on a court by or
under any other enactment or rule of law.
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15 Effect of orders restricting removal

[P1986/55/36]
(1) This section applies to any order made by a court in the United Kingdom
prohibiting the removal of a child from the Island, the United Kingdom
or any part of the United Kingdom.
(2) An order to which this section applies shall have effect in the Island —
(a) as if it had been made by the High Court, and
(b) in the case of an order which has the effect of prohibiting the
child’s removal to the Island, the United Kingdom or any part of
the United Kingdom as if it had included a prohibition on his
further removal to any place except one to which he could be
removed consistently with the order.
(3) The references in subsections (1) and (2) to prohibitions on a child’s
removal include references to prohibition subject to exceptions; and in a
case where removal is prohibited except with the consent of the court,
nothing in subsection (2) above shall be construed as affecting the
identity of the court whose consent is required.
(4) In this section “child” means a person who has not attained the age of 16;
and this section shall cease to apply to an order relating to a child when
he attains the age of 16.
16 Surrender of passports

[P1986/55/37]
(1) Where there is in force an order prohibiting or otherwise restricting the
removal of a child from the Island, the United Kingdom or any part of
the United Kingdom, the court by which it was made, or the High Court
(where that Court is treated under section 15 as having made it), may
require any person to surrender any United Kingdom passport which
has been issued to, or contains particulars of, the child.
(2) In this section “United Kingdom passport” means a current passport
issued by or on behalf of the Government of the United Kingdom.
17 Automatic restriction on removal of wards of court

[P1986/55/38]
(1) The rule of law which (without any order of the High Court) restricts the
removal of a ward of court from the Island, shall, in a case to which this
section applies, have effect subject to the modifications in subsection (3).
(2) This section applies in relation to a ward of court if —
(a) proceedings for divorce, nullity or judicial separation in respect of
the marriage of his parents are continuing in a court in any part of
the United Kingdom, or
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(b) he is habitually resident in any part of the United Kingdom,
except where that part is Scotland and he has attained the age of 16.
(3) Where this section applies, the rule referred to in subsection (1) shall not
prevent —
(a) the removal of the ward of court, without the consent of the High
Court, to the part of the United Kingdom mentioned in
subsection (2), or
(b) his removal to any other place with the consent of either the
appropriate court in that part of the United Kingdom or the court
mentioned in subsection (2)(a).
18 Duty to furnish particulars of other proceedings

[P1986/55/39]
Parties to proceedings for or relating to a custody order shall, to such extent and
in such manner as may be prescribed, give particulars of other proceedings
known to them which relate to the child concerned (including proceedings
instituted abroad and proceedings which are no longer continuing).
19 Habitual residence after removal without consent, etc

[P1986/55/41]
(1) Where a child who —
(a) has not attained the age of 16, and
(b) is habitually resident in the Island or any part of the United
Kingdom (in this section referred to as “the relevant country”),
becomes habitually resident outside the relevant country in consequence
of circumstances of the kind specified in subsection (2), he shall be
treated for the purposes of this Part as continuing to be habitually
resident in the relevant country for the period of one year beginning with
the date on which those circumstances arise.
(2) The circumstances referred to in subsection (1) exist where the child is
removed from or retained outside, or himself leaves or remains outside,
the relevant country —
(a) without the agreement of the person or all the persons having
under the law of the relevant country the right to determine
where he is to reside, or
(b) in contravention of an order made by a court in the Island or any
part of the United Kingdom.
(3) A child shall cease to be treated by virtue of subsection (1) as habitually
resident in the relevant country if, during the period there mentioned —
(a) he attains the age of 16, or
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(b) he becomes habitually resident outside the relevant country with
the agreement of the person or persons mentioned in
subsection (2)(a) and not in contravention of an order made by a
court in the Island or any part of the United Kingdom.
20 Meaning of “custody order”

[P1986/55/1, 32 and 42]
(1) In this Part “custody order
” means, subject to the following provisions of
this section —
(a) an order under section 11 or 17A of the Children and Young Persons
Act 2001;14

(b) an order made by the High Court in the exercise of its inherent
jurisdiction relating to children so far as it gives the care and
control of a child to any person or provides for contact with or the
education of a child, excluding an order relating to a child of
whom care or care and control is (immediately after the making of
the order) vested in the Department of Health and Social Care;15

(c) an order made by a court in any part of the United Kingdom
which is a Part I order as defined in section 1 of the Family Law
Act 1986 (an Act of Parliament).16

(2) In this Part “custody order
” does not include an order within
subsection (1) which varies or revokes a previous order within that
subsection.17

(3) Subject to subsection (4), in this Part “custody order
” does not include an
order which was made before the date of commencement of this Part, or
made on or after that date in proceedings commenced before that date.18

(4) Except in sections 1 to 5, “custody order
” includes any order within
subsection (3), or within section 1(3) of the Family Law Act 1986 (an Act
of Parliament), which, if this Part or Part I of that Act, as the case may be,
had been in force at all material times —
(a) could have been made notwithstanding this Part or that Part;
(b) would have been a custody order for the purposes of this Part or
that Part; and
(c) would not have ceased to have effect by virtue of section 5 or any
provision corresponding thereto,
and for this purpose references in subsection (1)(a) to any enactment, or
in section 1 of that Act to any provision, shall be taken as including
references to any corresponding enactment or provision previously in
force.
(5) For the purpose of subsection (3) an order made on two or more
applications which are determined together shall be regarded as made
on the first of those applications.
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(6) References in this Part to custody orders include references to custody
orders as varied.
(7) For the purposes of this Part each of the following orders shall be treated
as varying the custody order to which it relates —
(a) an order which provides for a person to be allowed contact with
or to be given access to a child who is the subject to a custody
order, or which makes provision for the education of such a
child;19

(b) an order under any provision mentioned in section 42(6)(b), (c) or
(d) of the Family Law Act 1986 (an Act of Parliament).20

(8) Except for the purposes of sections 1 to 5, subsection (7) shall have effect
as if any reference to an enactment or a provision included a reference to
a corresponding enactment or provision previously in force.
21 Interpretation of Part I

(1) In this Part —
“appropriate court
”, in relation to any part of the United Kingdom, shall be
construed in accordance with paragraph 1 of Schedule 1;
“certified copy
” in relation to the order of a court, shall be construed in
accordance with paragraph 2 of Schedule 1;
“child
”, except in section 15, means a person who has not attained the age of 18;
“child of the family
” shall be construed in accordance with paragraph 3 of
Schedule 1;
“custody order
” has the meaning given by section 20;
“part of the United Kingdom
” means England and Wales, Scotland or
Northern Ireland;
“prescribed
” means prescribed by rules of court;
“the relevant date
”, in relation to the making or variation of an order, means —
(a) where an application is made for an order to be made or varied,
the date of the application (or the first application, if 2 or more are
determined together), and
(b) where no such application is made, the date on which the court is
considering whether to make or vary the order, as the case may
be.21

(2) For the purposes of this Part references to proceedings as continuing
shall be construed in accordance with paragraph 4 of Schedule 1.
(3) Any reference in this Part to a provision corresponding to a provision of
this Part shall be construed in accordance with paragraph 5 of Schedule
1.
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(4) Any reference in this Part to proceedings in respect of the marriage of the
parents of a child shall, in relation to a child who, although not a child of
both parties to the marriage, is a child of the family of those parties, be
construed as a reference to proceedings in respect of that marriage.
(5) References in this Part to proceedings in respect of the custody of a child
include, in relation to proceedings outside the Island and the United
Kingdom, references to proceedings before a tribunal or other authority
having power under the law having effect there to determine questions
relating to the custody of children.
(6) The Council of Ministers may by order amend section 20, this section and
Schedule 1 to take account of any change in the law of any part of the
United Kingdom, but no such order shall have effect unless it is
approved by Tynwald.22

22 Application of Part I to Channel Islands etc

[P1986/55/43]
(1) The Council of Ministers may by order modify or amend any of the
foregoing provisions of this Part, for the purpose of regulating as
between the Island and any of the Channel Islands or any colony the
jurisdiction of courts in the Island to make custody orders, and the
recognition and enforcement of such orders or orders corresponding to
such orders.23

(2) An order under this section may contain such consequential, incidental
and supplementary provisions as appear to the Council of Ministers to
be necessary or expedient, and in particular may amend or repeal any
enactment other than this Part which appears to the Council of Ministers
to be inconsistent with, or to have become unnecessary or to require
modification in consequence of, the order.24

(3) An order under this section shall not have effect unless it is approved by
Tynwald.
PART II – INTERNATIONAL CHILD ABDUCTION

23 The Hague Convention

[P1985/60/1; Cm 33]
(1) In this Part “the Hague Convention
” means the Convention on the Civil
Aspects of International Child Abduction which was signed at The
Hague on 25th October 1980.
(2) Subject to the provisions of this Part, the provisions of the Hague
Convention set out in Schedule 2 shall have the force of law in the Island.
Section 24 Child Custody Act 1987


Page 20 AT 11 of 1987 c

24 Contracting States

[P1985/60/2]
(1) For the purposes of the Hague Convention as it has effect under this Part
the Contracting States other than the United Kingdom shall be those for
the time being specified by order of the Council of Ministers for the
purposes of this section.25

(2) An order under this section shall specify the date of the coming into force
of the Hague Convention as between the Island and any State specified
in the order; and except where the Order otherwise provides, the Hague
Convention shall apply as between the Island and that State only in
relation to wrongful removals or retentions occurring on or after that
date.
(3) Where the Hague Convention applies, or applies only, to a particular
territory or particular territories specified in a declaration made by a
Contracting State under Article 39 or 40 of the Hague Convention,
references to that State in subsections (1) and (2) shall be construed as
references to that territory or those territories.
25 The Central Authority

[P1985/60/3]
(1) The functions under the Hague Convention of a Central Authority shall
be discharged in the Island by the Attorney General, except that
applications made under the Hague Convention by or on behalf of a
person outside the British Islands may be addressed to the Lord
Chancellor as the Central Authority in the United Kingdom.
(2) Where any such application is addressed to the Attorney General but
relates to a function to be discharged under the Hague Convention by
another Central Authority within the British Islands, the Attorney
General shall transmit the application to that Authority.
26 The judicial authority

[P1985/60/4]
The court having jurisdiction to entertain applications under the Hague
Convention shall be the High Court.
27 Interim directions

[P1985/60/5]
Where an application has been made to the High Court under the Hague
Convention, the Court may, at any time before the application is determined,
give such interim directions as it thinks fit for the purpose of securing the
welfare of the child concerned or of preventing changes in the circumstances
relevant to the determination of the application.
Child Custody Act 1987 Section 28


c AT 11 of 1987 Page 21

28 Reports

[P1985/60/6]
Where the Attorney General is requested to provide information relating to a
child under Article 7(d) of the Hague Convention he may —
(a) request the Department of Health and Social Care or a probation
officer to make a report to him in writing with respect to any
matter which appears to him to be relevant;26

(b) request any court to which a written report relating to the child
has been made to send him a copy of the report;
and such a request shall be duly complied with.
29 Proof of documents and evidence

[P1986/60/7]
(1) For the purposes of Article 14 of the Hague Convention a decision or
determination of a judicial or administrative authority outside the Island
may be proved by a duly authenticated copy of the decision or
determination; and any document purporting to be such a copy shall be
deemed to be a true copy unless the contrary is shown.
(2) For the purposes of subsection (1) a copy is duly authenticated if it bears
the seal, or is signed by a judge or officer, of the authority in question.
(3) For the purposes of Articles 14 and 30 of the Hague Convention any such
document as is mentioned in Article 8 of the Convention, or a certified
copy of any such document, shall be sufficient evidence of anything
stated in it.
30 Declarations by High Court

[P1985/60/8]
The High Court may, on an application made for the purposes of Article 15 of
the Hague Convention by any person appearing to the Court to have an interest
in the matter, make a declaration that the removal of any child from, or his
retention outside, the Island was wrongful within the meaning of Article 3 of
the Convention.
31 Suspension of court’s powers in cases of wrongful removal

[P1985/60/9]
The reference in Article 16 of the Hague Convention to deciding on the merits of
rights of custody shall be construed as a reference to —
(a) making, varying or revoking a custody order, or a supervision
order under section 31 of the Children and Young Persons Act
2001;27

(b) enforcing under section 9 a custody order within the meaning of
Part I;
Section 32 Child Custody Act 1987


Page 22 AT 11 of 1987 c

(c) registering or enforcing a decision under Part III.
(d) [Repealed]28

32 Rules of court

[P1985/60/10]
(1) Rules of court may make such provision for giving effect to this Part as
appears to the authority making the rules to be necessary or expedient.
(2) Without prejudice to the generality of subsection (1), rules of court may
make provision —
(a) with respect to the procedure on applications for the return of a
child and with respect to the documents and information to be
furnished and the notices to be given in connection with any such
application;
(b) for the transfer of any such application between the High Court
and a court in another part of the British Islands;
(c) for the giving of notices by or to a court for the purposes of the
provisions of Article 16 of the Hague Convention and section 31,
and generally as respects proceedings to which those provisions
apply;
(d) for enabling a person who wishes to make an application under
the Hague Convention in a Contracting State other than the
United Kingdom to obtain from any court in the Island an
authenticated copy of any decision of that court relating to the
child to whom the application is to relate.
33 Costs of applications

[P1985/60/11]
The United Kingdom having made in respect of the Island such a reservation as
is mentioned in the third paragraph of Article 26 of the Hague Convention, the
costs mentioned in that paragraph shall not be borne by any public authority in
the Island except so far as they fall to be so borne by virtue of the grant of legal
aid under the Legal Aid Act 1986.
PART III – RECOGNITION AND ENFORCEMENT OF

CUSTODY DECISIONS

34 The Custody Convention

[P1985/60/12; Cm 8155]
(1) In this Part “the Custody Convention
” means the European Convention
on Recognition and Enforcement of Decisions concerning Custody of
Child Custody Act 1987 Section 35


c AT 11 of 1987 Page 23

Children and on the Restoration of Custody of Children which was
signed in Luxembourg on 20th May 1980.
(2) Subject to the provisions of this Part, the provisions of the Custody
Convention set out in Schedule 3 (which include Articles 9 and 10 as they
have effect in consequence of a reservation made by the United Kingdom
in respect of the Island under Article 17) shall have the force of law in the
Island.
35 Contracting States

[P1985/60/13]
(1) For the purposes of the Custody Convention as it has effect under this
Part the Contracting States other than the United Kingdom shall be those
for the time being specified by order of the Council of Ministers under
this section.29

(2) An order under this section shall specify the date of the coming into force
of the Custody Convention as between the Island and any State specified
in the order.
(3) Where the Custody Convention applies, or applies only, to a particular
territory or particular territories specified by a Contracting State under
Article 24 or 25 of the Custody Convention, references to that State in
subsections (1) and (2) shall be construed as references to that territory or
those territories.
36 The Central Authority

[P1985/60/14]
(1) The functions under the Custody Convention of a Central Authority
shall be discharged in the Island by the Attorney General, except that
applications made under the Custody Convention by or on behalf of a
person outside the British Islands may be addressed to the Lord
Chancellor as the Central Authority in the United Kingdom.
(2) Where any such application is addressed to the Attorney General but
relates to a function to be discharged under the Custody Convention by
another Central Authority within the British Islands, the Attorney
General shall transmit the application to that Authority.
37 Recognition of decisions

[P1985/60/15]
(1) Articles 7 and 12 of the Custody Convention shall have effect in
accordance with this section.
(2) A decision to which either of those Articles applies which was made in a
Contracting State other than the United Kingdom shall be recognised in
Section 38 Child Custody Act 1987


Page 24 AT 11 of 1987 c

the Island as if made by a court having jurisdiction to make it in the
Island but —
(a) the High Court may, on the application of any person appearing
to it to have an interest in the matter, declare on any of the
grounds specified in Article 9 or 10 of the Custody Convention
that the decision is not to be recognised in any part of the British
Islands; and
(b) the decision shall not be enforceable in the Island unless
registered in the High Court under section 38.
(2A) A declaration by a court in the United Kingdom under section 15(2)(a) of
the Child Abduction and Custody Act 1985 (an Act of Parliament, in this
Part and in Part IV referred to as “the U.K. Act
”) shall have the like effect
in the Island as a declaration of the High Court under subsection (2)(a).30

(3) The references in Article 9(1)(c) of the Custody Convention to the
removal of the child are to his improper removal within the meaning of
the Custody Convention.
38 Registration of decisions

[P1985/60/16]
(1) A person on whom any rights are conferred by a decision relating to
custody made by an authority in a Contracting State other than the
United Kingdom may make an application for the registration of the
decision in the High Court.
(2) The Attorney General shall assist such a person in making such an
application if a request for such assistance is made by that person, or on
his behalf by the Central Authority of the Contracting State in question.
(3) An application under subsection (1) or a request under subsection (2)
shall be treated as a request for enforcement for the purposes of Articles
10 and 13 of the Custody Convention.
(4) The High Court shall refuse to register a decision if —
(a) the court is of the opinion that on any of the grounds specified in
Article 9 or 10 of the Custody Convention the decision should not
be recognised in any part of the British Islands; or
(b) the court is of the opinion that the decision is not enforceable in
the Contracting State where it was made and is not a decision to
which Article 12 of the Custody Convention applies; or
(c) an application in respect of the child under Part II is pending.
(5) Where the Attorney General is requested to assist in making an
application under section 16 of the U.K. Act to a court in any other part
of the British Islands, he shall transmit the request to the Central
Authority in that part.31

Child Custody Act 1987 Section 39


c AT 11 of 1987 Page 25

(6) In this section “decision relating to custody” has the same meaning as in
the Custody Convention.
39 Variation and revocation of registered decisions

[P1985/60/17]
(1) Where a decision which has been registered under section 38 is varied or
revoked by an authority in the Contracting State in which it was made,
the person on whose behalf the application for registration of the
decision was made shall notify the High Court of the variation or
revocation.
(2) Where the High Court is notified under subsection (1) of the revocation
of a decision, it shall —
(a) cancel the registration, and
(b) notify such persons as may be prescribed by rules of court of the
cancellation.
(3) Where the High Court is notified under subsection (1) of the variation of
a decision, it shall —
(a) notify such persons as may be prescribed by rules of court of the
variation; and
(b) subject to any conditions which may be so prescribed, vary the
registration.
(4) The High Court, where a decision is registered under section 38, may
also, on the application of any person appearing to the Court to have an
interest in the matter, cancel or vary the registration if it is satisfied that
the decision has been revoked or, as the case may be, varied by an
authority in the Contracting State in which it was made.
40 Enforcement of decisions

[P1985/60/18]
Where a decision relating to custody has been registered under section 38, the
High Court shall have the same powers for the purpose of enforcing the
decision as if it had been made by the Court; and proceedings for or with
respect to enforcement may be taken accordingly.
41 Interim powers

[P1985/60/19]
Where an application has been made to the High Court for the registration of a
decision under section 38 or for the enforcement of such a decision, the court
may, at any time before the application is determined, give such interim
directions as it thinks fit for the purpose of securing the welfare of the child
concerned or of preventing changes in the circumstances relevant to the
Section 42 Child Custody Act 1987


Page 26 AT 11 of 1987 c

determination of any subsequent application for the enforcement of the
decision.
42 Suspension of courts’ powers

[P1985/60/20]
(1) Where it appears to any court in which proceedings mentioned in
subsection (2) are pending in respect of a child that —
(a) an application has been made for the registration under
section 38, or under section 16 of the U.K. Act, of a decision in
respect of the child (other than a decision mentioned in
subsection (3)), or such a decision is so registered; and
(b) the decision was made in proceedings commenced before the
proceedings which are pending,
the powers of the court with respect to the child in those proceedings
shall be restricted as mentioned in subsection (2) unless, in the case of an
application for registration, the application is refused.
(2) Where subsection (1) applies the court shall not —
(a) in the case of custody proceedings, make, vary or revoke any
custody order or a supervision order under section 31 of the
Children and Young Persons Act 2001;32

(b) in the case of proceedings under section 9 for the enforcement of a
custody order within the meaning of Part I, enforce that order; or
(c) in the case of proceedings on a complaint under section 83(3) or
85(3) of that Act, determine the complaint.
(3) Subsection (1)(a) does not apply to a decision which is only a decision
relating to custody within the meaning of section 38 by virtue of being a
decision relating to rights of access.
(4) Article 10(2)(b) of the Custody Convention shall be construed as
referring to custody proceedings within the meaning of this Part.
43 Reports

[P1985/60/21]
Where the Attorney General is requested to make enquiries about a child under
Article 15(1)(b) of the Custody Convention he may —
(a) request the Department of Health and Social Care or a probation
officer to make a report to him in writing with respect to any
matter relating to the child concerned which appears to him to be
relevant;33

(b) request any court to which a written report relating to the child
has been made to send him a copy of the report;
and any such request shall be duly complied with.
Child Custody Act 1987 Section 44


c AT 11 of 1987 Page 27

44 Proof of documents and evidence

[P1985/60/22]
(1) In any proceedings under this Part a decision of an authority outside the
Island may be proved by a duly authenticated copy of the decision; and
any document purporting to be such a copy shall be deemed to be a true
copy unless the contrary is shown.
(2) For the purposes of subsection (1) a copy is duly authenticated if it bears
the seal, or is signed by a judge or officer, of the authority in question.
(3) In any proceedings under this Part any such document as is mentioned
in Article 13 of the Custody Convention, or a certified copy of any such
document, shall be sufficient evidence of anything stated in it.
45 Decisions of Manx courts

[P1985/60/23]
(1) Where a person on whom any rights are conferred by a decision relating
to custody made by a court in the Island makes an application to the
Attorney General under Article 4 of the Custody Convention with a view
to securing its recognition or enforcement in another Contracting State,
the Attorney General may require the court which made the decision to
furnish him with all or any of the documents referred to in Article
13(1)(b), (c) and (d) of the Custody Convention.
(2) Where in any custody proceedings a court in the Island makes a decision
relating to a child who has been removed from the Island, the court may
also, on an application made by any person for the purposes of Article 12
of the Custody Convention, declare the removal to have been unlawful if
it is satisfied that —
(a) the applicant has an interest in the matter and
(b) the child has been taken from or sent or kept out of the Island
without the consent of the person (or, if more than one, all the
persons) having the right to determine the child’s place of
residence under the law of the Island.
(3) In this section “decision relating to custody” has the same meaning as in
the Custody Convention.
46 Rules of court

[P1984/60/24]
(1) Rules of court may make such provision for giving effect to this Part as
appears to the authority making the rules to be necessary or expedient.
(2) Without prejudice to the generality of subsection (1), rules of court may
make provision —
(a) with respect to the procedure on applications to a court under any
provision of this Part and with respect to the documents and
Section 47 Child Custody Act 1987


Page 28 AT 11 of 1987 c

information to be furnished and the notices to be given in
connection with any such application;
(b) for the transfer of any such application between the High Court
and a court in another part of the British Islands;
(c) for the giving of directions requiring the disclosure of information
about any child who is the subject of proceedings under this Part
and for safeguarding its welfare.
PART IV – PROVISIONS SUPPLEMENTARY TO PARTS II

AND III

47 Power to order disclosure of child’s whereabouts

[P1985/60/24A; P1986/55/67]
(1) Where —
(a) in proceedings for the return of a child under Part II; or
(b) on an application for the recognition, registration or enforcement
of a decision in respect of a child under Part III;
there is not available to the High Court adequate information as to where
the child is, the Court may order any person who it has reason to believe
may have relevant information to disclose it to the Court.
(2) A person shall not be excused from complying with an order under
subsection (1) by reason that to do so may incriminate him or his spouse
or civil partner of an offence; but a statement or admission made in
compliance with such an order shall not be admissible in evidence
against either of them in proceedings for any offence other than
perjury.34

48 Termination of existing custody orders, etc

[P1985/60/25]
(1) Where —
(a) an order is made for the return of a child under Part II, or under
Part I of the U.K. Act; or
(b) a decision with respect to a child (other than a decision mentioned
in subsection (2)) is registered under section 38, or under
section 16 of the U.K. Act;
any custody order relating to him shall cease to have effect.
(2) Subsection (1)(b) does not apply to a decision which is only a decision
relating to custody within the meaning of section 38 by virtue of being a
decision relating to rights of access.
Child Custody Act 1987 Section 49


c AT 11 of 1987 Page 29

(3) Where by virtue of section 25(1) of the U.K. Act an authorisation under
section 26 of the Children and Young Persons Act 1969 (an Act of
Parliament) ceases to have effect, any relevant order (within the meaning
of the said section 26) made by a court in the Island and to which that
authorisation relates shall cease to have effect.
49 Interpretation of Parts II, III and IV

(1) In Parts II and III and this Part —
“custody order
” means —
(a) a residence order under section 11 of the Children and Young
Persons Act 2001;
(b) a care order (other than an interim order) under Part 4 of that
Act;35

“custody proceedings
” means proceedings for the making, variation or
revocation of any custody order;
“the Lord Chancellor
” means the Lord High Chancellor of Great Britain;
“the U.K. Act
” means the Child Abduction and Custody Act 1985 (an Act of
Parliament).
(1A) In this Act a decision relating to rights of access means a decision as to
the contact which a child may or may not have with any person.36

(2) The Council of Ministers may by order modify or amend any provision
of Part II or III or this Part so that any reference to the U.K. Act or any
provision of that Act includes a reference to —
(a) that Act or that provision as it has effect in any of the Channel
Islands or any colony by virtue of an order under section 28(1)
thereof; or
(b) any corresponding enactment or provision having effect in any of
the Channel Islands or any colony.37

(3) An order under subsection (2) may contain such consequential,
incidental and supplementary provisions as appear to the Council of
Ministers to be necessary or expedient, and in particular may amend or
repeal any enactment other than Part II or III or this Part which appears
to the Council of Ministers to be inconsistent with, or to have become
unnecessary or to require modification in consequence of, the order.38

(4) An order under subsection (2) shall not have effect unless it is approved
by Tynwald.39

Section 50 Child Custody Act 1987


Page 30 AT 11 of 1987 c

PART V – MISCELLANEOUS AND SUPPLEMENTAL

Kidnapping
50 Abduction of child by parent etc

(1) Subject to subsection (4), a person connected with a child under the age
of 16 commits an offence if he takes or sends the child out of the Island
without the appropriate consent.
(2) A person is connected with a child for the purposes of this section if —
(a) he is a parent of the child; or
(b) in the case of an illegitimate child, there are reasonable grounds
for believing that he is the father of the child; or
(c) he is a guardian of the child; or
(d) the child lives or is to live with him in accordance with a
residence order.
(3) In this section “the appropriate consent”, in relation to a child, means —
(a) the consent of the child’s mother, the child’s father (if he has
parental responsibility for him), any guardian of the child, and
any person with whom he lives or is to live in accordance with a
residence order; or
(b) the leave of the court granted under or by virtue of any provision
of Part II of the Family Law Act 1991; or
(c) where a residence order is in force with respect to the child, the
leave of the court by which the residence order was made (or, in
the case of an order made by a court of summary jurisdiction, the
leave of any other court of summary jurisdiction).
(4) A person does not commit an offence under this section by taking or
sending a child out of the Island without obtaining the appropriate
consent if —
(a) he is a person with whom the child lives or is to live in accordance
with a residence order; or
(b) he takes or sends him out of the Island for a period of less than
one month;
unless by so doing he is in breach of an order under Part II of the Family
Law Act 1991.
(5) Where, in proceedings for an offence under this section, there is
sufficient evidence to raise an issue as to the application of subsection (4),
it is for the prosecution to prove that the subsection does not apply.
(6) In the case of a child of a description specified in column 1 of
Schedule 4 —
Child Custody Act 1987 Section 51


c AT 11 of 1987 Page 31

(a) the reference in subsection (1) to the appropriate consent shall be
construed as a reference to the corresponding matter specified in
column 2 of that Schedule; and
(b) subsections (3) to (5) do not apply.
(7) In this section and section 51 “guardian”, “parental responsibility” and
“residence order” have the same meanings as in the Family Law Act
1991.40

51 Abduction of child by other persons

(1) Subject to subsection (3), a person, other than one mentioned in
subsection (2), commits an offence if, without lawful authority or excuse,
he takes or detains a child under the age of 16 —
(a) so as to remove him from the lawful control of any person having
lawful control of the child; or
(b) so as to keep him out of the lawful control of any person entitled
to lawful control of the child.
(2) This section does not apply to —
(a) the child’s father and mother, in the case of a legitimate child;
(b) the child’s mother, in the case of an illegitimate child;41

(c) a guardian of the child; or
(d) a person with whom the child lives or is to live in accordance with
a residence order.
(3) In proceedings for an offence under this section, it is a defence for the
person accused to prove —
(a) in the case of an illegitimate child, that he is the child’s father or
that, at the time of the alleged offence, he believed on reasonable
grounds that he was the child’s father; or
(b) that, at the time of the alleged offence, he believed that the child
had attained the age of 16.42

52 Meaning of “taking” etc

[P1984/37/3]
For the purposes of this Part a person shall be regarded as —
(a) taking a child, if he causes or induces the child to accompany him
or any other person or causes the child to be taken;
(b) sending a child, if he causes the child to be sent;
(c) detaining a child, if he causes the child to be detained or induces
the child to remain with him or any other person.
Section 53 Child Custody Act 1987


Page 32 AT 11 of 1987 c

53 Penalties etc

[P1984/37/4]
(1) A person guilty of an offence under this Part shall be liable —
(a) on summary conviction, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding £5,000, or to both;
(b) on conviction on information, to imprisonment for a term not
exceeding 7 years or to a fine, or to both.
(2) No prosecution for an offence under section 50 shall be instituted except
by or with the consent of the Attorney General.
Supplemental
54 Minor and consequential amendments

(1) The enactments specified in Schedule 5 are amended in accordance with
that Schedule.
(2) [Repealed]43

55 Short title and commencement

(1) This Act may be cited as the Child Custody Act 1987.
(2) This Act shall come into operation on such day or days as the Governor
in Council may by order appoint.44

Child Custody Act 1987 Schedule 1



c AT 11 of 1987 Page 33

SCHEDULE 1

MEANING OF CERTAIN EXPRESSIONS IN PART I

Section 21
“Appropriate court”
1. In Part I “the appropriate court
” means —
(a) in relation to England and Wales, Her Majesty’s High Court of
Justice in England;
(b) in relation to Scotland, the Court of Session;
(c) in relation to Northern Ireland, Her Majesty’s High Court of
Justice in Northern Ireland.
Certified copy of a court order
2. (1) In Part I “certified copy
” —
(a) in relation to the order of a court in the Island, means a copy
certified by the proper officer of the court to be a true copy of the
order or of the official record of the order;
(b) in relation to the order of a court in the United Kingdom, has the
meaning given by section 42(1) of the Family Law Act 1986 (an
Act of Parliament).
(2) In sub-paragraph (1)(a) “the proper officer” means —
(a) in relation to the High Court, the Chief Registrar;
(b) in relation to a court of summary jurisdiction, the clerk of the
court.
“Child of the family”
3. (1) In respect of any proceedings (other than proceedings in Scotland), in
Part I “child of the family
” means any child who has been treated by both parties as a
child of their family, except a child who has been boarded out with those parties —
(a) in the Island, by the Department of Health and Social Care;45

(b) in England and Wales, by a local authority or voluntary
organisation;
(c) in Northern Ireland, by the Department of Health and Social
Services or a voluntary organisation.
(2) In respect of proceedings in Scotland, in Part I “child of the family
”
means any child of one of the parties who has been accepted as one of the family by the
other party.
Schedule 1
Child Custody Act 1987


Page 34 AT 11 of 1987 c

Continuing proceedings
4. (1) For the purposes of Part I, proceedings (other than proceedings in
Scotland) for divorce, nullity or judicial separation in respect of the marriage of the
parents of a child shall, unless they have been dismissed, be treated as continuing until
the child concerned attains the age of 18 (whether or not a decree has been granted and
whether or not, in the case of a decree of divorce or nullity of marriage, that decree has
been made absolute).
(2) For the purposes of Part I, matrimonial proceedings in a court in
Scotland which has jurisdiction in those proceedings to make a custody order with
respect to a child shall, unless they have been dismissed or decree of absolvitor has
been granted therein, be treated as continuing until the child concerned attains the age
of 16.
Corresponding provisions
5. Any reference in Part I to a provision corresponding to an enactment specified
in column 1 of the following Table shall be construed, in relation to England and
Wales, Scotland or Northern Ireland, as a reference to the provision of the Family Law
Act 1986 (an Act of Parliament) specified in column 2, 3 or 4 respectively of the Table.
TABLE Provision of Part I Provision of 1986 Act of Parliament
England and Wales Scotland Northern Ireland
Section 1(3) section 2A(4) section 13(6)* section 21(5)
Section 4(2) section 5(2) section 14(2) section 22(2)
Section 5 section 6 section 15 section 23
Section 7 section 27(4) and (5) section 27(4) and (5) section 27(4) and (5)
Section 12 section 27(1), (2) and (3) section 27(1), (2) and (3) section 27(1), (2) and (3)
*Any reference to an order under section 13(6) of the 1986 Act does not include a
reference to an order made by virtue of section 13(6)(a)(i) of that Act.46


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SCHEDULE 2

CONVENTION ON THE CIVIL ASPECTS OF

INTERNATIONAL CHILD ABDUCTION

Section 23(2)
CHAPTER I-SCOPE OF THE CONVENTION

Article 3
The removal or the retention of a child is to be considered wrongful where —
(a) it is in breach of rights of custody attributed to a person, an
institution or any other body, either jointly or alone, under the
law of the State in which the child was habitually resident
immediately before the removal or retention; and
(b) at the time of removal or retention those rights were actually
exercised, either jointly or alone, or would have been so exercised
but for the removal or retention.
The rights of custody mentioned in sub-paragraph (a) above may arise in particular by
operation of law or by reason of a judicial or administrative decision, or by reason of an
agreement having legal effect under the law of that State.
Article 4
The Convention shall apply to any child who was habitually resident in a Contracting
State immediately before any breach of custody or access rights. The Convention shall
cease to apply when the child attains the age of sixteen years.
Article 5
For the purposes of this Convention —
(a) “rights of custody
” shall include rights relating to the care of the
person of the child and, in particular, the right to determine the
child’s place of residence;
(b) “rights of access
” shall include the right to take a child for a
limited period of time to a place other than the child’s habitual
residence.
Schedule 2
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CHAPTER II-CENTRAL AUTHORITIES

Article 7
Central Authorities shall co-operate with each other and promote co-operation
amongst the competent authorities in their respective States to secure the prompt
return of children and to achieve the other objects of this Convention.
In particular, either directly or through any intermediary, they shall take all
appropriate measures —
(a) to discover the whereabouts of a child who has been wrongfully
removed or retained;
(b) to prevent further harm to the child or prejudice to interested
parties by taking or causing to be taken provisional measures;
(c) to secure the voluntary return of the child or to bring about an
amicable resolution of the issues;
(d) to exchange, where desirable, information relating to the social
background of the child;
(e) to provide information of a general character as to the law of their
State in connection with the application of the Convention.
(f) to initiate or facilitate the institution of judicial or administrative
proceedings with a view to obtaining the return of the child and,
in a proper case, to make arrangements for organizing or securing
the effective exercise of rights of access;
(g) where the circumstances so require, to provide or facilitate the
provision of legal aid and advice, including the participation of
legal counsel and advisers;
(h) to provide such administrative arrangements as may be necessary
and appropriate to secure the safe return of the child;
(i) to keep each other informed with respect to the operation of this
Convention and, as far as possible, to eliminate any obstacles to its
application.
CHAPTER III-RETURN OF CHILDREN

Article 8
Any person, institution or other body claiming that a child has been removed or
retained in breach of custody rights may apply either to the Central Authority of the
child’s habitual residence or to the Central Authority of any other Contracting State for
assistance in securing the return of the child.
The application shall contain —
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(a) information concerning the identity of the applicant, of the child
and of the person alleged to have removed or retained the child;
(b) where available, the date of birth of the child;
(c) the grounds on which the applicant’s claim for return of the child
is based;
(d) all available information relating to the whereabouts of the child
and the identity of the person with whom the child is presumed to
be.
The application may be accompanied or supplemented by —
(e) an authenticated copy of any relevant decision or agreement;
(f) a certificate or an affidavit emanating from a Central Authority, or
other competent authority of the State of the child’s habitual
residence, or from a qualified person, concerning the relevant law
of that State;
(g) any other relevant document.
Article 9
If the Central Authority which receives an application referred to in Article 8 has
reason to believe that the child is in another Contracting State, it shall directly and
without delay transmit the application to the Central Authority of that Contracting
State and inform the requesting Central Authority, or the applicant, as the case may be.
Article 10
The Central Authority of the State where the child is shall take or cause to be taken all
appropriate measures in order to obtain the voluntary return of the child.
Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously
in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision within
six weeks from the date of commencement of the proceedings, the applicant or the
Central Authority of the requested State, on its own initiative or if asked by the Central
Authority of the requesting State, shall have the right to request a statement of the
reasons for the delay. If a reply is received by the Central Authority of the requested
State, that Authority shall transmit the reply to the Central Authority of the requesting
State, or to the applicant, as the case may be.
Article 12
Where a child has been wrongfully removed or retained in terms of Article 3 and, at
the date of the commencement of the proceedings before the judicial or administrative
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Child Custody Act 1987


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authority of the Contracting State where the child is, a period of less than one year has
elapsed from the date of the wrongful removal or retention, the authority concerned
shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been
commenced after the expiration of the period of one year referred to in the preceding
paragraph, shall also order the return of the child, unless it is demonstrated that the
child is now settled in its new environment.
Where the judicial or administrative authority in the requested state has reason to
believe that the child has been taken to another State, it may stay the proceedings or
dismiss the application for the return of the child.
Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative
authority of the requested State is not bound to order the return of the child if the
person, institution or other body which opposes its return establishes that —
(a) the person, institution or other body having the care of the person
of the child was not actually exercising the custody rights at the
time of removal or retention, or had consented to or subsequently
acquiesced in the removal or retention; or
(b) there is a grave risk that his or her return would expose the child
to physical or psychological harm or otherwise place the child in
an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child
if it finds that the child objects to being returned and has attained an age and degree of
maturity at which it is appropriate to take account of its views.
In considering the circumstances referred to in this Article, the judicial and
administrative authorities shall take into account the information relating to the social
background of the child provided by the Central Authority or other competent
authority of the child’s habitual residence.
Article 14
In ascertaining whether there has been a wrongful removal or retention within the
meaning of Article 3, the judicial or administrative authorities of the requested State
may take notice directly of the law of, and of judicial or administrative decisions,
formally recognised or not in the State of the habitual residence of the child, without
recourse to the specific procedures for the proof of that law or for the recognition of
foreign decisions which would otherwise be applicable.
Child Custody Act 1987 Schedule 2



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Article 15
The judicial or administrative authorities of a Contracting State may, prior to the
making of an order for the return of the child, request that the applicant obtain from
the authorities of the State of the habitual residence of the child a decision or other
determination that the removal or retention was wrongful within the meaning of
Article 3 of the Convention, where such a decision or determination may be obtained
in that State. The Central Authorities of the Contracting States shall so far as practicable
assist applicants to obtain such a decision or determination.
Article 16
After receiving notice of a wrongful removal or retention of a child in the sense of
Article 3, the judicial or administrative authorities of the Contracting State to which the
child has been removed or in which it has been retained shall not decide on the merits
of rights of custody until it has been determined that the child is not to be returned
under this Convention or unless an application under this Convention is not lodged
within a reasonable time following receipt of the notice.
Article 17
The sole fact that a decision relating to custody has been given in or is entitled to
recognition in the requested State shall not be a ground for refusing to return a child
under this Convention, but the judicial or administrative authorities of the requested
State may take account of the reasons for that decision in applying this Convention.
Article 18
The provisions of this Chapter do not limit the power of a judicial or administrative
authority to order the return of the child at any time.
Article 19
A decision under this Convention concerning the return of the child shall not be taken
to be a determination on the merits of any custody issue.
CHAPTER IV-RIGHTS OF ACCESS

Article 21
An application to make arrangements for organising or securing the effective exercise
of rights of access may be presented to the Central Authorities of the Contracting States
in the same way as an application for the return of a child.
The Central Authorities are bound by the obligations of co-operation which are set
forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment
of any conditions to which the exercise of those rights may be subject. The Central
Schedule 2
Child Custody Act 1987


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Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of
such rights. The Central Authorities, either directly or through intermediaries, may
initiate or assist in the institution of proceedings with a view to organising or
protecting these rights and securing respect for the conditions to which the exercise of
these rights may be subject.
CHAPTER V- GENERAL PROVISIONS

Article 22
No security, bond or deposit, however described, shall be required to guarantee the
payment of costs and expenses in the judicial or administrative proceedings falling
within the scope of this Convention.
Article 24
Any application, communication or other document sent to the Central Authority of
the requested State shall be in the original language, and shall be accompanied by a
translation into the official language or one of the official languages of the requested
State or, where that is not feasible, a translation into French or English.
Article 26
Each Central Authority shall bear its own costs in applying this Convention.
Central Authorities and other public services of Contracting States shall not impose
any charges in relation to applications submitted under this Convention. In particular,
they may not require any payment from the applicant towards the costs and expenses
of the proceedings or, where applicable, those arising from the participation of legal
counsel or advisers. However, they may require the payment of the expenses incurred
or to be incurred in implementing the return of the child.
However, a Contracting State may, by making a reservation in accordance with Article
42, declare that it shall not be bound to assume any costs referred to in the preceding
paragraph resulting from the participation of legal counsel or advisers or from court
proceedings, except insofar as those costs may be covered by its system of legal aid and
advice.
Upon ordering the return of a child or issuing an order concerning rights of access
under this Convention, the judicial or administrative authorities may, where
appropriate, direct the person who removed or retained the child, or who prevented
the exercise of rights of access, to pay necessary expenses incurred by or on behalf of
the applicant, including travel expenses, any costs incurred or payments made for
locating the child, the costs of legal representation of the applicant, and those of
returning the child.
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c AT 11 of 1987 Page 41

Article 27
When it is manifest that the requirements of this Convention are not fulfilled or that
the application is otherwise not well founded, a Central Authority is not bound to
accept the application. In that case, the Central Authority shall forthwith inform the
applicant or the Central Authority through which the application was submitted, as the
case may be, of its reasons.
Article 28
A Central Authority may require that the application be accompanied by a written
authorisation empowering it to act on behalf of the applicant, or to designate a
representative so to act.
Article 29
This Convention shall not preclude any person, institution or body who claims that
there has been a breach of custody or access rights within the meaning of Article 3 or
21 from applying directly to the judicial or administrative authorities of a Contracting
State, whether or not under the provisions of this Convention.
Article 30
Any application submitted to the Central Authorities or directly to the judicial or
administrative authorities of a Contracting State in accordance with the terms of this
Convention, together with documents and any other information appended thereto or
provided by a Central Authority, shall be admissible in the courts or administrative
authorities of the Contracting States.
Article 31
In relation to a State which in matters of custody of children has two or more systems
of law applicable in different territorial units —
(a) any reference to habitual residence in that State shall be construed
as referring to habitual residence in a territorial unit of that State;
(b) any reference to the law of the State of habitual residence shall be
construed as referring to the law of the territorial unit in that State
where the child habitually resides.
Article 32
In relation to a State which in matters of custody of children has two or more systems
of law applicable to different categories of persons, any reference to the law of that
State shall be construed as referring to the legal system specified by the law of that
State.
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Page 42 AT 11 of 1987 c

SCHEDULE 3

EUROPEAN CONVENTION ON RECOGNITION AND

ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF

CHILDREN

Section 34(2)
Article 1
For the purposes of this Convention:
(a) “child
” means a person of any nationality, so long as he is under
16 years of age and has not the right to decide on his own place of
residence under the law of his habitual residence, the law of his
nationality or the internal law of the State addressed;
(b) “authority
” means a judicial or administrative authority;
(c) “decision relating to custody
” means a decision of an authority in
so far as it relates to the care of the person of the child, including
the right to decide on the place of his residence, or to the right of
access to him;
(d) “improper removal
” means the removal of a child across an
international frontier in breach of a decision relating to his
custody which has been given in a Contracting State and which is
enforceable in such a State; “improper removal” also includes:
(i) the failure to return a child across an international frontier
at the end of a period of the exercise of the right of access
to this child or at the end of any other temporary stay in a
territory other than that where the custody is exercised;
(ii) a removal which is subsequently declared unlawful within
the meaning of Article 12.
Article 4
(1) Any person who has obtained in a Contracting State a decision relating
to the custody of a child and who wishes to have that decision recognised or enforced
in another Contracting State may submit an application of this purpose to the central
authority in any Contracting State.
(2) The application shall be accompanied by the documents mentioned in
Article 13.
(3) The central authority receiving the application, if it is not the central
authority in the State addressed, shall send the documents directly and without delay
to that central authority.
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c AT 11 of 1987 Page 43

(4) The central authority receiving the application may refuse to intervene
where it is manifestly clear that the conditions laid down by this Convention are not
satisfied.
(5) The central authority receiving the application shall keep the applicant
informed without delay of the progress of his application.
Article 5
(1) The central authority in the State addressed shall take or cause to be
taken without delay all steps which it considers to be appropriate, if necessary by
instituting proceedings before its competent authorities, in order:
(a) to discover the whereabouts of the child;
(b) to avoid, in particular by any necessary provisional measures,
prejudice to the interests of the child or of the applicant;
(c) to secure the recognition or enforcement of the decision;
(d) to secure the delivery of the child to the applicant where
enforcement is granted;
(e) to inform the requesting authority of the measures taken and their
results.
(2) Where the central authority in the State addressed has reason to believe
that the child is in the territory of another Contracting State it shall send the documents
directly and without delay to the central authority of that State.
(3) With the exception of the cost of repatriation each Contracting State
undertakes not to claim any payment from an applicant in respect of any measures
taken under paragraph (1) of this Article by the central authority of that State on the
applicant’s behalf, including the costs of proceedings and, where applicable, the costs
incurred by the assistance of a lawyer.
(4) If recognition or enforcement is refused, and if the central authority of
the State addressed considers that it should comply with a request by the applicant to
bring in that State proceedings concerning the substance of the case, that authority
shall use its best endeavours to secure the representation of the applicant in the
proceedings under conditions no less favourable than those available to a person who
is resident in and a national of that State and for this purpose it may, in particular,
institute proceedings before its competent authorities.
Article 7 A decision relating to custody given in a Contracting State shall be recognised and,
where it is enforceable in the State of origin, made enforceable in every other
Contracting State.
Article 9
(1) (Recognition and enforcement may be refused) if:
(a) in the case of a decision given in the absence of the defendant or
his legal representative, the defendant was not duly served with
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the document which instituted the proceedings or an equivalent
document in sufficient time to enable him to arrange his defence;
but such a failure to effect service cannot constitute a ground for
refusing recognition or enforcement where service was not
effected because the defendant had concealed his whereabouts
from the person who instituted the proceedings in the State of
origin;
(b) in the case of a decision given in the absence of the defendant or
his legal representative, the competence of the authority giving
the decision was not founded:
(i) on the habitual residence of the defendant; or
(ii) on the last common habitual residence of the child’s
parents, at least one parent being still habitually resident
there, or
(iii) on the habitual residence of the child;
(c) the decision is incompatible with a decision relating to custody
which became enforceable in the State addressed before the
removal of the child, unless the child has had his habitual
residence in the territory of the requesting State for one year
before his removal.
(3) In no circumstances may the foreign decision be reviewed as to its
substance.
Article 10
(1) (Recognition and enforcement may also be refused) on any of the
following grounds:
(a) if it is found that the effects of the decision are manifestly
incompatible with the fundamental principles of the law relating
to the family and children in the State addressed;
(b) if it is found that by reason of a change in the circumstances
including the passage of time but not including a mere change in
the residence of the child after an improper removal, the effects of
the original decision are manifestly no longer in accordance with
the welfare of the child;
(c) if at the time when the proceedings were instituted in the State of
origin;
(i) the child was a national of the State addressed or was
habitually resident there and no such connection existed
with the State of origin;
(ii) the child was a national both of the State of origin and of
the State addressed and was habitually resident in the State
addressed;
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c AT 11 of 1987 Page 45

(d) if the decision is incompatible with a decision given in the State
addressed or enforceable in that State after being given in a third
State, pursuant to proceedings begun before the submission of the
request for recognition or enforcement, and if the refusal is in
accordance with the welfare of the child.
(2) Proceedings for recognition or enforcement may be adjourned on any of
the following grounds:
(a) if an ordinary form of review of the original decision has been
commenced;
(b) if proceedings relating to the custody of the child, commenced
before the proceedings in the State of origin were instituted, are
pending in the State addressed;
(c) if another decision concerning the custody of the child is the
subject of proceedings for enforcement or of any other
proceedings concerning the recognition of the decision.
Article 11
(1) Decisions on rights of access and provisions of decisions relating to
custody which deal with the rights of access shall be recognised and enforced subject to
the same conditions as other decisions relating to custody.
(2) However, the competent authority of the State addressed may fix the
conditions for the implementation and exercise of the right of access taking into
account, in particular, undertakings given by the parties on this matter.
(3) Where no decision on the right of access has been taken or where
recognition or enforcement of the decision relating to custody is refused, the central
authority of the State addressed may apply to its competent authorities for a decision
on the right of access if the person claiming a right of access so requests.
Article 12
Where, at the time of the removal of a child across an international frontier, there is no
enforceable decision given in a Contracting State relating to his custody, the provisions
of this Convention shall apply to any subsequent decision, relating to the custody of
that child and declaring the removal to be unlawful, given in a Contracting State at the
request of any interested person.
Article 13
(1) A request for recognition or enforcement in another Contracting State of
a decision relating to custody shall be accompanied by:
(a) a document authorising the central authority of the State
addressed to act on behalf of the applicant or to designate another
representative for that purpose;
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(b) a copy of the decision which satisfies the necessary conditions of
authenticity;
(c) in the case of a decision given in the absence of the defendant or
his legal representative, a document which establishes that the
defendant was duly served with the document which instituted
the proceedings or an equivalent document;
(d) if applicable, any document which establishes that, in accordance
with the law of the State of origin, the decision is enforceable;
(e) if possible, a statement indicating the whereabouts or likely
whereabouts of the child in the State addressed;
(f) proposals as to how the custody of the child should be restored.
Article 15
(1) Before reaching a decision under paragraph (1)(b) of Article 10, the
authority concerned in the State addressed:
(a) shall ascertain the child’s views unless this is impracticable
having regard in particular to his age and understanding; and
(b) may request that any appropriate enquiries be carried out.
(2) The cost of enquiries in any Contracting State shall be met by the
authorities of the State where they are carried out.
Requests for enquiries and the results of enquiries may be sent to the authority
concerned through the central authorities.
Article 26
(1) In relation to a State which has in matters of custody two or more
systems of law of territorial application:
(a) reference to the law of a person’s habitual residence or to the law
of a person’s nationality shall be construed as referring to the
system of law determined by the rules in force in that State or, if
there are no such rules, to the system of law with which the
person concerned is most closely connected;
(b) reference to the State of origin or to the State addressed shall be
construed as referring, as the case may be, to the territorial unit
where the decision was given or to the territorial unit where
recognition or enforcement of the decision or restoration of
custody is requested.
(2) Paragraph (1)(a) of this Article also applies mutatis mutandis to States
which have in matters of custody two or more systems of law of personal application.

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SCHEDULE 4

MODIFICATIONS OF SECTION 50 FOR CHILDREN IN CARE

ETC.

Section 50(6)
Description of child “Appropriate consent” 1. A child in the care of the Department
of Health and Social Care (except a child
falling within entry 3, 4 or 5 below).
The consent of the said Department.47

2. A child committed to a place of safety
under section 35 or 59 of the Children and
Young Persons Act 1966 or section 24 of the
Adoption Act 1984.
The leave of a court of summary jurisdiction.
3. A child the subject of a pending
application for an adoption order under
section 1 of the Adoption Act 1984 or for an
order under section 43 of that Act.
The leave of the High Court.
4. A child the subject of an order under
the said section 43.
The leave of the High Court.
5. A child the subject of a pending
application for a residence order under
section 9 of the Family Law Act 1991.
If the application is pending in the High
Court, the leave of the High Court; otherwise,
the leave of a court of summary jurisdiction.48


SCHEDULE 5

MINOR AND CONSEQUENTIAL AMENDMENTS

Section 54(1)
[Sch 5 amended by Family Law Act 1991 Sch 6 and by Matrimonial Proceedings
Act 2003 Sch 6, and amends the following Acts —
Children and Young Persons act 1966 q.v.
Children and Young Persons Act 1969 q.v.]
Acts of Parliament
7. (1) In the Visiting Forces Act 1952 (an Act of Parliament), as it has effect in
the Island, at the end of paragraph (b) of the Schedule insert —
“(viii) Part V (child abduction) of the Child Custody Act
1987;”.
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Page 48 AT 11 of 1987 c

(2) In section 1(5) of the Internationally Protected Persons Act 1978 (an Act
of Parliament), as it has effect in the Island, before the definition of “act” insert —
“abduction” does not include an offence under section 1 of the Child
Abduction Act 1984 or any corresponding provision in force in
Scotland or Northern Ireland;”.
(3) In the Suppression of Terrorism Act 1978 (an Act of Parliament), as it has
effect in the Island, —
(a) in section 4(1)(a)(i), omit “69,”;
(b) at the end of section 4(1)(a) insert —
“(v) section 51 of the Child Custody Act 1987; or”; and
(c) in Schedule 1, after paragraph 11A insert —
“11B. An offence under section 2 of the Child Abduction Act 1984 (abduction
of child by person other than parent etc.) or any corresponding provision in
force in Scotland or Northern Ireland.”.
SCHEDULE 6
49

Child Custody Act 1987 Endnotes


c AT 11 of 1987 Page 49

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Ed. note: The reference to ‘section 9’ should be a reference to ‘section 11’. 2
Ed. note: The reference to ‘section 9’ should be a reference to ‘section 11’. 3
S 1 substituted by Children and Young Persons Act 2001 Sch 12. 4
S 2 substituted by Children and Young Persons Act 2001 Sch 12. 5
S 3 substituted by Children and Young Persons Act 2001 Sch 12. 6
Subs (3) substituted by Children and Young Persons Act 2001 Sch 12. 7
Subs (3A) inserted by Children and Young Persons Act 2001 Sch 12. 8
Subs (3B) inserted by Children and Young Persons Act 2001 Sch 12. 9
Para (a) amended by Children and Young Persons Act 2001 Sch 12. 10
Subs (6) amended by Family Law Act 1991 Sch 5 and by Children and Young Persons
Act 2001 Sch 12. 11
Subs (7) repealed by Family Law Act 1991 Sch 6. 12
Subs (2) amended by Civil Partnership Act 2011 Sch 14. 13
Subs (3) amended by Family Law Act 1991 Sch 5. 14
Para (a) amended by Children and Young Persons Act 2001 Sch 12 and by Children
and Young Persons (Amendment) Act 2011 s 6. 15
Para (b) amended by SD155/10 Sch 6 and by SD2014/08. 16
Subs (1) substituted by Family Law Act 1991 Sch 5. 17
Subs (2) substituted by Family Law Act 1991 Sch 5. 18
Subs (3) substituted by Family Law Act 1991 Sch 5. 19
Para (a) amended by Family Law Act 1991 Sch 5. 20
Para (b) amended by Family Law Act 1991 Sch 6. 21
Definition of ‘the relevant date’ added by Family Law Act 1991 Sch 5.
Endnotes Child Custody Act 1987


Page 50 AT 11 of 1987 c

22
Subs (6) amended by GC155/91). 23
Subs (1) amended by GC155/91. 24
Subs (2) amended by GC155/91. 25
Subs (1) amended by GC155/91. 26
Para (a) amended by Statute Law Revision Act 1992 Sch 1, by SD359/11 and by
SD2014/08. 27
Para (a) substituted by Children and Young Persons Act 2001 Sch 12. 28
Para (d) repealed by Children and Young Persons Act 2001 Sch 13. 29
Subs (1) amended by GC155/91. 30
Subs (2A) inserted by Statute Law Revision Act 1992 Sch 1. 31
Subs (5) amended by Statute Law Revision Act 1992 Sch 1. 32
Para (a) substituted by Children and Young Persons Act 2001 Sch 12. 33
Para (a) amended by Statute Law Revision Act 1992 Sch 1, by SD359/11 and by
SD2014/08. 34
Subs (2) amended by Civil Partnership Act 2011 Sch 14. 35
Definition of ‘custody order’ substituted by Children and Young Persons Act 2001
Sch 12. 36
Subs (1A) inserted by Family Law Act 1991 Sch 5. 37
Subs (2) substituted by Children and Young Persons Act 2001 Sch 12. 38
Subs (3) added by Children and Young Persons Act 2001 Sch 12. 39
Subs (4) added by Children and Young Persons Act 2001 Sch 12. 40
S 50 substituted by Family Law Act 1991 Sch 5. 41
Para (b) amended by Children and Young Persons Act 2001 Sch 12. 42
S 51 substituted by Family Law Act 1991 Sch 5. 43
Subs (2) repealed by Statute Law Revision Act 1992 Sch 2. 44
ADO (whole Act) 14/10/1991 (GC162/91). 45
Para (a) amended by SD155/10 Sch 6 and by SD2014/08. 46
Table amended by Family Law Act 1991 Sch 5 and by Children and Young Persons
Act 2001 Sch 12. 47
Item 1 amended by GC140/90, by SD359/11 and by SD2014/08. 48
Item 5 amended by Family Law Act 1991 Sch 5. 49
Sch 6 repealed by Statute Law Revision Act 1992 Sch 2.